Volume 833, Page 436 View pdf image |
436 March Court 1719 Att which Said next Court to wit the 17th day of November Anno Domi 1719 comes again as well the Said Plts by their attry afd as also the Said Garnishe by his Said Attry untill next Court Att which Said next Court to wit the 21st day of March Anno Domi 1719 Comes again the Said Plts by their attry afd as also the Said Garnishe by his attry afd And the afd Thomas Tolley Garnishee as afd of the afd Patrick Ninance by M: Howard his attry comes & defends the force & Injury when &ca. and for plea Saith that the Said Samll. Peale John Carpenter & Company Merchants their Attachment afd & Judgment & Condemnation thereon in the Said Thos. Tolley’s hands to have ought not because he Saith that he hath not nor had he at ye time of the laying ye Attachmt. afd or at any time Since any the Effects goods or Chattels of the Said Patrick Ninance and of this he puts himselfe upon the Country &ca and the Plts. in like manner Yet Notwithstanding the Said Thomas Tolley Garnishe as afd in his proper person relinquishes the Averment afd by him above pretended As before defends the force and Injury when &ca. And Says that they Cannot gainsay the Plts their Attachment and return thereon as to the Sume of one Thousand pounds of Tobacco in his hands of the goods or Chattels of the Said Patrick Ninance And the Costs the Said Plts hath been at in prosecuting the Said Attachment agst. him the Said Garnishe &ca. which the Said Plts does not gainsay Whereupon the Said Plts by their afd prays that they may have Condemnation of the afd one Thousand pounds of Tobacco as of the Goods & Chattells Rights or Credits of the Said Patrick Ninance towards Satisfying part of the Said Plts their Damages recovered in the plea afd as also the Cost Against the Said Thomas Tolley by reason of the Said Plts prosecuting their Attachment afd Therefore it is Considered by the Justices here to wit the 21st day of March Anno Domi 1719 afd That the Said Sume of one Thousand pounds of Tobacco So as afd Attached in the hands of the Said Thomas Tolley As afd Confessed be Condemned in the hands of him the Said Thomas Tolley as of the goods and Chattells Rights or Credits of the Said Patrick Ninance towards Satisfying unto the Said Samuel Peale John Carpenter & Company their damages Recovered in the Plea afd and that they the afd Plts have there: |
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Volume 833, Page 436 View pdf image |
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